Planning versus Pollution Control
SOURCE: CIWM, MARCH 2010
A recent High Court case has confirmed that a planning authority may refuse planning permission for a development if it considers that the pollution control regime will not deal adequately with its environmental impacts.
The case concerned agricultural land used for processing animal by-products, for which there was no planning permission. The planning inspector had to decide whether deemed planning permission should be granted, and concluded that it should not, since odour issues were likely to continue to significantly harm local amenities, notwithstanding the pollution control regime.
The court noted that planning policy advised authorities to assume that the relevant pollution control regime would be applied and enforced properly, and indicated planning and pollution control systems should complement and not duplicate each other. However, it held that pollution issues did not have to be left entirely to the pollution control regime, indicating that if an authority had concerns regarding impacts on amenity or suitability of the use for the location it was entitled to regard these as material considerations in reaching its decision.
The scenario was unusual, as the plant had already operated for 5-6 years when the issue of planning arose. By the time of the inspector's decision it had been granted a PPC permit, and was implementing various process improvements in accordance with a BAT assessment, which would reduce (though potentially not eliminate) odour emissions.
However, the inspector questioned the overall efficacy of the pollution control regime, noting in particular the consideration of cost in the concept of BAT, and the fact that odour problems had continued for years despite the pollution control regime, in reaching his decision not to grant planning permission.
AUTHOR: VINCENT BROWN
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